West Virginia

This article provides a quick overview of some key West Virginia Landlord-Tenant laws applicable to residential rental units. We’ve used the Official West Virginia Statutes cited below to research this information and it should be a good starting point in learning about the law.

West Virginia Landlord Tenant Key Rules

Official West Virginia Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

Applications

Letters

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	Landlords are allowed to collect a security deposit equal to a maximum of two months’ rent at the time of signing the lease agreement. W. Va. Code § 37-6A-2
Security Deposit Interest:	No statute.
Separate Security Deposit Bank Account:	No statute.
Non-refundable fees:	Non-refundable pet and application fees are permitted if both the landlord and tenant agree in writing that the fees are non-refundable. W. Va. Code § 37-6A-1
Pet Deposits and Additional Fees:	Non-refundable pet and application fees are permitted if both the landlord and tenant agree in writing that the fees are non-refundable. W. Va. Code § 37-6A-1
Deadline for Returning Security Deposit:	Landlords must return a tenant’s security deposit within 60 days after the end of the tenancy or within 45 days of the new tenant’s occupancy, whichever is sooner. W. Va. Code § 37-6A-1(7)
Permitted Uses of the Deposit:	Landlords are permitted to withhold specific amounts from a tenant’s security deposit to cover the following: – Unpaid Rent: Any outstanding rent due, including reasonable late fees outlined in the rental agreement. – Damage Repairs: Costs associated with repairs due to the tenant’s noncompliance with lease terms, excluding normal wear and tear. – Unpaid Utilities: Amounts for utility bills that the landlord paid but were the tenant’s responsibility according to the lease. -Removal and Storage of Personal Property: Expenses for removing and storing the te nant’s belongings, if necessary. -Other Repairs and Third-Party Services: Costs to fix additional damages outlined in the lease, including charges for third-party repairs of tenant-caused damages. This statute provides landlords with clear guidance on eligible deductions, ensuring deductions are consistent with agreed-upon terms in the lease. W. Va. Code § 37-6A-2(b)
Security Deposit can be Withheld:	If the property has sustained damage beyond normal wear and tear which requires a third-party contractor’s involvement, the landlord must notify the tenant in writing within the original deadline (60 days or 45 days). Following this notice, landlords have an additional 15 days to provide an itemized statement detailing the damage and associated repair costs. W. Va. Code § 37-6A-2(c)
Require Written Description/Itemized List of Damages and Charges:	If the property has sustained damage beyond normal wear and tear which requires a third-party contractor’s involvement, the landlord must notify the tenant in writing within the original deadline (60 days or 45 days). Following this notice, landlords have an additional 15 days to provide an itemized statement detailing the damage and associated repair costs. W. Va. Code § 37-6A-2(c)
Receipt of Security Deposit:	No statute.
Record Keeping of Deposit Withholdings:	Deposit withholdings records must be kept for one year after the conclusion of the tenancy. The landlord must allow the tenant or tenant’s authorized agent (or attorney) to inspect the records within 72 hours of a written request. W. Va. Code § 37-6A-3
Failure to Comply:	If a landlord intentionally fails to return the security deposit as required, a tenant may take legal action to recover any unreturned portion of the deposit. The tenant may also be eligible for damages up to one and a half times the amount that was wrongfully withheld. In cases where the tenant still has outstanding rent owed to the landlord, the court may apply any awarded amount toward that unpaid rent. This statute provides tenants with a measure of recourse and aims to discourage landlords from improperly withholding security deposits. W. Va. Code § 37-6A-5

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	No statute.
Payment Methods:	No statute.
Rent Increase Notice:	No statute.
Late Fees:	Late fees are allowed, though they must be specificied in the lease. W. Va. Code § 37-6A-2
Application Fees:	No statute.
Prepaid Rent:	No statute.
Returned Check Fees:	Returned check fee is $25.00 per returned check. W. Va. Code § 61-3-39
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute.
Tenant Allowed to Repair and Deduct Rent:	No statute.
Self-Help Evictions:	No statute.
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute.
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	When a tenant abandons a lease, the landlord has two options regarding the lease agreement: Hold the Tenant Liable for the Remainder of the Lease: The landlord may choose to hold the tenant responsible for continuing to pay rent for the remainder of the lease term. In this case, the tenant remains liable for all rent due for the entire lease period. Attempt to Re-Rent the Property: Otherwise, the landlord can notify the tenant of their intent to re-rent the premises. If the landlord successfully re-rents the property to a new tenant, the original tenant remains liable for any unpaid rent up to the time of re-rental. Additionally, if the new tenant pays less rent than the original tenant, the original tenant is responsible for covering the difference. In both scenarios, if the landlord decides to hold the tenant responsible for the lease, the tenant has the right to reclaim possession of the property by paying any overdue rent and fulfilling other obligations specified in the lease agreement.

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	Three months’ written notice is required, unless a different period of notice is agreed to by both parties in writing. W. Va. Code § 37-6-5
Notice to Terminate a Periodic Lease – Month-to-Month:	One month’s written notice is required from the day the rent payment is due, unless a different period of notice is agreed to by both parties in writing. W. Va. Code § 37-6-5
Notice to Terminate a Periodic Lease – Week-to-week:	One week’s written notice is required from the day the rent payment is due, unless a different period of notice is agreed to by both parties in writing. W. Va. Code § 37-6-5
Notice to Terminate Lease due to Sale of Property:	Typically, a 30-day notice to terminate a lease for reasons such as the sale of property is required, unless the lease agreement specifies otherwise. W. Va. Code § 37-6-5
Notice of date/time of Move-Out Inspection:	No statute.
Notice of Termination for Nonpayment:	Landlords have the right to file for eviction immediately without notice. Once the circuit court sets a hearing date, the landlord is required to notify the tenant in writing of the hearing. W. Va. Code § 55-3A-1
Notice for Lease Violation:	Landlords have the right to file for eviction immediately without notice. Once the circuit court sets a hearing date, the landlord is required to notifiy the tenant in writing of the hearing. W. Va. Code § 55-3A-1
Required Notice before Entry:	No statute, though reasonable notice of at least 24 hours is recommended.
Entry Allowed with Notice for Maintenance and Repairs:	No statute, though reasonable notice of at least 24 hours is recommended.
Emergency Entry Allowed without Notice:	No statute.
Entry Allowed During Tenant’s Extended Absence:	No statute.
Entry Allowed with Notice for Showing the Property:	No statute, though reasonable notice of at least 24 hours is recommended.
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	Lockouts are not allowed. Landlords must follow the procedures for eviction. W. Va. Code § 55-3A-1
Utility Shut-offs Allowed:	Utility shut-offs are not allowed. Landlords must follow the procedures for eviction. W. Va. Code § 55-3A-1
Electronic Notices Allowed:	no

Disclosures

Name and Addresses: Landlord must disclose owner and manager contact details. (W. Va. Code § 37-6-5)
Copy of the Lease: Tenant must receive a copy of the lease. (Standard practice)
Domestic Violence Situations: Victims may terminate lease with protective order. (W. Va. Code § 48-5-509)

Duties

Landlord’s Duties

Compliance: Must comply with building and housing codes. (Common law)
Repairs: Maintain premises in habitable condition. (Common law)
Common Areas: Keep clean and safe. (Common law)
Maintenance: Ensure essential services are working. (Common law)
Garbage: Provide proper disposal. (Common law)

Tenant’s Duties

Cleanliness: Maintain unit clean. (Common law)
Trash: Dispose properly. (Common law)
Plumbing: Use reasonably. (Common law)
Appliances: Use responsibly. (Common law)
Damage: Avoid causing damage. (Common law)
Quiet Enjoyment: Do not disturb others. (Common law)
Subleasing: Subject to lease terms. (Lease-specific)
Retaliation: Not permitted. (W. Va. Code § 37-6A-5)
Lead Disclosure: Required by federal law.